Institutional setting and budget

146 In spite of the progress, Irwanto 2011 points out that Law No. 132003 on Labour does not fully incorporate ILO Conventions Nos. 138 and 182. 9 He explained that while the Law stipulates that it is prohibited to employ children Article 68, it makes an exception for children aged 13–15 years to perform light work Article 69, defined as activities “that will not negatively affect a child’s development and physical, mental and social health” and states that the work should not exceed a maximum of three hours per day and should be performed during the day time but not during school hours. Another exception extends to children who work within their own family business. This stipulation is not in line with Article 2 clauses 3 and 4 of the ILO Convention No. 138, which states that the minimum age for work in developing countries is 14 or 15 years. Another criticism of this Law is that it fails to address the lack of any regulations on work for 16- to 17-year-old children. Presidential Decree No. 122001 established a National Action Committee NAC for the Elimination of the WFCL, and subsequently Presidential Decree No. 592002 set out the National Action Plan for the Elimination of the WFCL NAP–WFCL. The NAP–WFCL provides a guideline for all stakeholders – government institutions, non-government organizations, the private sector, academics and the mass media – for joint efforts to prevent and eliminate the WFCL. This programme targets all children employed in the WFCL and all parties who make use of, supply, or offer children aged under 18 years for employment in the WFCL. The NAP– WFCL defines the WFCL as including: 1. Children trafficked for prostitution 2. Children engaged in the production, trade and distribution of explosive and chemical substances 3. Children engaged in the production processes of mining 4. Children engaged in the process of footwear production in the informal sector 5. Children engaged in the offshore fishery sector 6. Children employed as domestic workers 7. Children employed in the plantation sector, particularly in oil palm plantations 8. Children working in the streets The NAP–WFCL is being implemented in three stages, each with specified targets and of which takes a certain period of time. Stage I takes 5 years, stage II takes 10 years, and stage III takes 20 years. The objectives, strategies and programmes for stage I and II are listed in Table 5.3. The evaluation of stage I of this programme 2002–2007 concluded that it had run relatively well. During these first five years, the programme managed to deliver direct assistance to 45,111 children, of whom 3,656 were withdrawn from and 41,453 were prevented from entering the WFCL through the provision of non-formal and vocational education programmes and rehabilitation. In an effort to raise awareness and increase knowledge about this programme in the larger community, the government conducted several intensive campaigns through various media. In addition, the government also increased the involvement of key stakeholders by providing capacity building opportunities at institutions at the central and local levels. They succeeded in establishing Provincial WFCL Action Committees in 21 provinces and 72 districtscities, and issued Provincial Regulations on WFCL in 2 provinces. In addition to these achievements, the evaluation of the first stage of this programme also revealed a number of major challenges. These included a lack of updated data on child labour, a lack of efficient coordination and cooperation at national and local levels, and a lack of optimal budget allocation for programme implementation. To enhance the impact of the programme, this evaluation also acknowledged the importance of developing integrated and sustainable programmes by mainstreaming child labour issues in education programmes and national poverty alleviation efforts across the country. Currently, stage II of this programme focuses on: i educating children who have been withdrawn from or prevented from entering 9 This law was also criticized by Indonesia’s National NGO Coalition for Child Rights Monitoring for failing to give consideration to the minimum age of employment and the nature of work Irwanto, 2011. 147 the WFCL; ii strengthening the framework of the programmes, policies and legislation on child labour; iii strengthening the capacity of stakeholders to implement action programmes on the elimination of child labour; and iv increasing people’s awareness about the WFCL and the importance of education for all children Table 5.3. In addition to the specific programmes designed for the elimination of the WFCL, the NAP–WFCL also acknowledges the contribution of other government programmes that, although they do not directly address the issue of child labour and the WFCL, have the potential to address some of the causes. These programmes include non-formal education for school dropouts, ‘one-roof’ schools to assist children to attend secondary school locally, BOS programmes, the student scholarships programme, Unconditional Cash Transfers Bantuan฀Langsung฀Tunai, BLT, Conditional Cash Transfers Program฀Keluarga฀ Harapan, PKH, and health insurance for the poor. 10 Table 5.3: Objectives, strategies and programmes of the National Action Plan for the Elimination of the Worst Forms of Child Labour NAP–WFCL, Stages I and II Stage I 2002–2007 1. Increased public awareness that the worst forms of child labour WFCL must be eliminated. 2. Mapping problems concerning the WFCL as well as mapping efforts that have been made to eliminate them. 3. Realization of the goals for the elimination of the WFCL by giving priority to the elimination of the use of children for: a. offshore fishing and deep-water diving; b. trafficking for prostitution; c. working in mines; d. working in the footwear industry; and e. working in the drug industry and trafficking drugs i.e., narcotics, psychotropic, and other addictive substances. 1. Determining priorities for elimination of the WFCL as part of a gradual process. 2. Involving all stakeholders at every level. 3. Developing and making use of domestic potential. 4. Developing and maintaining collaboration and technical assistance relationships with various international governments and organizations. Stage II 2008–2018 1. Replicating successful models for the elimination of the WFCL implemented in the stage I. 2. Developing programmes to eliminate other WFCL. 3. Developing the policies and instruments needed to implement the elimination of the WFCL. 1. Building the commitment of all stakeholders to prohibit and take immediate action to eliminate the WFCL. 2. Integrating cross-sectoral programmes to eliminate the WFCL. 3. Strengthening coordination and cooperation among all stakeholders at every level to encourage participation in efforts to prevent and withdraw children from the WFCL. 4. Mainstreaming the elimination of WFCL in related policies and programmes, such as compulsory basic education, poverty alleviation, health-care for poor families, community empowerment programme i.e., PNPM Mandiri, etc. 5. Strengthening the capacity of human resources of the ‘action committees’ at national, provincial and districtcity levels. 6. Optimizing the potential of each region in the elimination of the WFCL. Objectives Strategies 10 Most of these programmes are discussed in various chapter of this report. See Chapter 3 for programmes related to education, Chapter 4 for programmes on health and Chapter 6 for cash transfer programmes.